Copyright infringement happens when someone uses another person's original work without permission. In India, it's governed by the Copyright Act, 1957 and its amendments. Examples include copying or sharing music, books, videos, or graphics without consent. This violates the owner's rights to reproduce, publish, or sell their work. Unauthorised use can lead to civil or criminal action. To avoid this, always get proper permission—through licenses, written consent, or by using content in the public domain or under fair use. Sperso Filings helps you stay protected and compliant with copyright laws.
What is Copyright Infringement?
Copyright infringement is the use, copying, or sharing of someone’s creative work without permission. This includes using parts of their content—like music, books, art, or software—without consent. To avoid infringement, always seek permission or proper licensing. Violations can lead to fines or legal action. Knowing the rules helps protect both you and the creator. Sperso Filings helps you stay on the right side of copyright law.
Documents Needed to Fight Copyright Infringement
Copy of the original work
Proof of ownership or authorship
Evidence of infringement (e.g., links, screenshots)
Cease and desist notice or DMCA takedown copy
Communication with the infringer (emails, letters)
Witness statements or affidavits
Related contracts (e.g., licenses, distribution)
Copyright registration certificate (if available)
Proof of financial loss (sales data, reports)
Sperso Filings helps you compile and present all required documents for strong legal action
Types of Copyright Infringement in India
Direct Infringement – Copying or reproducing copyrighted work without the owner’s permission.
Indirect Infringement – Helping or enabling others to infringe—like providing tools or services used for copying.
Secondary Infringement – Selling or distributing copyrighted content without authorisation.
Plagiarism – Using someone else’s work as your own without credit or permission.
Piracy – Illegal duplication or distribution of content like songs, movies, or software.
Moral Rights Infringement – Violating the author's right to be credited or to protect their work from distortion.
Sperso Filings helps identify and act on all types of copyright violations.
Rights of a Copyright Owner
Reproduce the work in any format (print, copy, scan)
Create derivative works, like adaptations or translations
Distribute copies by selling, renting, or lending
Publicly perform works, like music or plays
Publicly display content like artwork or designs
Digitally transmit the work online, including streaming
Sperso Filings helps protect and enforce your copyright rights effectively.
Who Can Take Legal Action for Copyright Infringement?
Copyright Owner: The creator or rights holder can sue for infringement.
Exclusive Licensee: Someone with exclusive rights to use the work can file a case.
Assignee: If rights are transferred, the assignee can take legal action.
Legal Heirs/Representatives: Can act if the owner is deceased.
Copyright Societies: Bodies like IPRS or PPL can act on behalf of members.
Sperso Filings assists all eligible parties in enforcing their copyright legally and effectively.
Notable Copyright Infringement Cases in India
Bata India Ltd vs. Pyare Lal (1985)
DPS Society vs. D.A.V. Public School (2019)
YRF vs. Sri Sai Ganesh Productions
Hawkins Cooker Ltd vs. Magicook Appliances
Super Cassettes vs. YouTube & Google
RG Anand vs. Deluxe Films
University of Oxford vs. Rameshwari Photocopy Service
What is a Copyright Infringement Notice?
A copyright infringement notice is a formal message sent by the copyright owner (or their representative) to someone accused of unauthorized use. It typically includes:
Owner’s name and contact details
Title of the infringed work
Description of the infringing content
A request to stop use immediately
A warning of possible legal action if ignored
Sperso Filings can draft and issue strong legal notices to protect your creative rights.
Instances Where Copyright Infringement Occurs
Copying: Unauthorized printing, photocopying, or scanning of content.
Distribution: Selling, renting, or lending copies without approval.
Performance: Performing plays or songs publicly without consent.
Display: Publicly showing artworks like paintings or sculptures.
Derivative Works: Creating translations, adaptations, or sequels.
Uploading/Downloading: Sharing copyrighted content online without permission.
Copyright Infringement Examples (Digital)
Online Piracy: Illegal sharing of movies, music, or software.
Cybersquatting: Using domain names similar to copyrighted/trademarked terms.
Deepfakes: Using altered images/videos to impersonate individuals, violating their copyright or likeness.
Legal Actions Against Copyright Infringement
Injunction: Court order to stop further use of the content.
Damages: Compensation for financial losses due to infringement.
Account of Profits: Infringer pays profits made from the copyrighted material.
Seizure/Destruction: Court-ordered removal of pirated or illegal copies.
Criminal Charges: Serious cases can lead to fines and imprisonment.
Steps for Infringement Vigilance
Regularly monitor the market and competitors
Register your work to secure legal ownership
Send cease and desist notices to offenders
Consult legal experts for serious cases
File lawsuits if necessary to stop or recover damages
Common Platforms Where Infringement Occurs
Social media: Facebook, Instagram, Twitter
E-commerce sites: Amazon, Flipkart, Snapdeal
Torrent platforms: Pirate Bay, BitTorrent
Streaming apps: Netflix, Hotstar, Prime Video
Publications: Both online and print versions
What Does Not Amount to Copyright Infringement?
Not all uses of copyrighted work count as infringement. Under fair use, certain acts are legally allowed without the owner's permission. Courts assess fair use based on:
Purpose: Whether it’s for education, review, or commercial use.
Nature: The type of work used (creative vs. factual).
Amount Used: How much of the original work is taken.
Market Impact: Whether it affects the original's value or market.
Copyright Infringement Law in India
Copyright law in India is governed by the Copyright Act, 1957, which grants creators rights to:
Reproduce or adapt their work
Communicate and perform it publicly
Distribute or import copies
Infringement occurs when these rights are used without consent. The Act allows:
Civil remedies:
Injunctions to stop infringement
Damages for financial loss
Account of Profits made from infringement
Criminal penalties:
Up to 3 years’ imprisonment
Fine up to ₹2 lakh
Exceptions under the Act include:
Fair use
Library or government use
Access for people with disabilities
Copyright Infringement in Cyber Law
Uploading/downloading content without permission
Sharing, modifying, or distributing copyrighted works
Making illegal software copies
Cybersquatting (registering misleading domains)
Deepfakes (unauthorised use of someone’s likeness)
Penalties under cyber law may include:
Civil damages and compensation
Imprisonment and fines
Injunctions to stop the infringement
Technical orders like content removal or website shutdowns
Tips to avoid infringement online:
Always get permission
Give proper credit
Avoid unauthorized modifications or sharing
Use content only for non-commercial purposes
Why Monitoring of Infringement and Timely Action Is Important
Protecting IP: Regular monitoring helps safeguard the creator’s rights over their original work.
Preventing Loss: Infringement may lead to loss of earnings if others benefit from unauthorised use.
Market Share Protection: Failure to act could allow competitors to dominate using stolen content.
Reputation Management: Prompt action helps maintain public and professional credibility.
Avoiding Legal Risk: Delay in action can weaken legal standing or result in loss of enforcement rights.
Example of Copyright Infringement
A music composer creates a song and gets it copyrighted. Another artist copies it, makes minor edits, and releases it as their own. This is copyright infringement. The second artist violated the composer’s exclusive rights. The original creator can take legal action and claim compensation for losses.
Civil and Criminal Remedies for Copyright Infringement
Civil Remedies
Injunction: Court order to immediately stop further use.
Damages: Financial compensation for the copyright owner’s losses.
Account of Profits: Recovery of income earned from the infringement.
Destruction of Goods: Removal or destruction of infringing products.
Criminal Remedies
Imprisonment: Jail time from 6 months to 3 years.
Fine: Up to ₹2,00,000 for the offence.
Seizure: Confiscation of infringing goods by authorities.
Process to Initiate Copyright Infringement Proceedings – Sperso Filings
Notice of Infringement: Send a legal notice asking the infringer to stop using the copyrighted work. Usually done through a lawyer.
Civil Suit: If ignored, file a copyright infringement case in the appropriate court within 3 years of the violation.
Criminal Complaint: If the act is criminal, report it to the police or magistrate under the Copyright Act or IPC.
Evidence & Trial: Gather proof of infringement. Present it in court to establish the violation.
Remedies: If successful, the owner may receive an injunction, compensation, or criminal penalties.
Why Sperso Filings?
Sperso Filings offers fast, affordable, and reliable legal services backed by expert professionals.